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Seizure of all computer files for off-site search is not per se unreasonable

By John Wesley Hall, Jr.

The nature of seizure of all computer files in a document search involving a Pennsylvania State Senator usually requires that they be searched off site to determine whether they are pertinent, and that does not make execution or the warrant unreasonable. United States v. Fumo, 2008 U.S. Dist. LEXIS 48651 (E.D. Pa. June 25, 2008): I have already concluded that "because of the nature of computer files, the government may legally open and briefly examine each file when searching a computer pursuant to a valid warrant," in order to determine which files are described by the warrant. See United States v. Fumo, No 06-319, 2007 U.S. Dist. LEXIS 80543, 2007 WL 3232112, at *6 (E.D. Pa. Oct. 30, 2007). For "few people keep documents of their criminal transactions in a folder marked '[crime] records...continue to full post

Full post as published by Fourth Amendment on June 29, 2008 (boomark / email).